Ernest Okello v Ezra Imhale, Richard Ambeyi & Boaz Lwangu [2021] KEBPRT 177 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 54 OF 2020 (KAKAMEGA)

ERNEST OKELLO................................TENANT/APPLICANT

VERSUS

EZRA IMHALE.....................LANDLORD/1ST RESPONDENT

RICHARD AMBEYI............LANDLORD/2ND RESPONDENT

BOAZ LWANGU………………………………….…………..LANDLORD/3RD RESPONDENT

JUDGEMENT

1. The Tenant’s reference dated 6th March 2020 is in the following terms;

“That the Respondents have been harassing and intimidating the Tenant with threats of eviction by locking the Tenant’s business premises without an order from the Rent Tribunal contrary to Cap 301 of the Laws of Kenya.  The Tenant’s request is for the Respondents to restore him into the premises and cease harassing the Tenant.  The Tenant has also sought police assistance.”

2. The Respondents were duly served to attend the Tribunal for the hearing.  They did not attend.  The Tenant has filed an affidavit of service.  I also note that the Respondents had been served by the Tribunal.  Satisfied with the service of the hearing, the matter proceeded for hearing on 27th October 2021.  I summarize the evidence of the Tenant as follows;

3. Ernest Okello;

a. That he rented the suit premises about twenty years ago.

b. That his Landlady has always been Tecla Awinja and he has paid rent to her for all the years.  He has never had a problem with the Landlady.

c. That on 4th March 2020, the Respondents broke the padlock to his business premises and closed the same.

d. That he reported the matter to the Police at Kilingili Police Station.  Thereafter he filed this case at the Tribunal.

4. The Tenant’s Witness Tecla Awinja stated;

a. That Ernest Okello is her Tenant at Kilingili.

b. That she has a grant of representation for the estate of her deceased husband (Tenant’s exhibit No 1).

c. That she knows the Respondents herein.  They do not collect rent from the suit premises.

d. That she has no problem with the Tenant and he is entitled to the orders he has sought from the Tribunal.

e. That the Respondents had no business closing the Tenant’s premises.

5. The only issue for determination is whether the Tenant is entitled to the orders he has sought in his reference dated 6th March 2020.  The evidence of the Tenant and his witness has not been challenged.

6. I am satisfied on the evidence and the material placed before me that the Tenant is the Tenant of one Tecla Awinja and not the Respondents.  I am also satisfied on the basis of the certificate of confirmation of a grant issued in favour of Tecla Awinja on 22nd September 2020, that indeed she inherited plot No IA Kilingilil Market.

7. The Respondents therefore have no business interfering with the Tenant’s quiet enjoyment of the suit premises.

8. Consequently, I make the following orders;

a. That the Respondents are permanently injuncted from in any way interfering with the Tenant’s quiet possession and use of the suit premises at Kilingili Market Plot No 1A.

b. That the OCS Kilingili Police Station shall ensure compliance with this order.

c. The Tenant shall have the costs of the reference.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

JUDGEMENT DATED, SIGNED AND DELIVERED BY HON CYPRIAN MUGAMBI NGUTHARI THIS 27TH DAY OF OCTOBER 2021. IN THE PRESENCE OF THE TENANT AND IN THE ABSENCE OF THE RESPONDENTS.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL